Legislature(2007 - 2008)

11/09/2007 04:30 PM House FIN


Download Mp3. <- Right click and save file as

Audio Topic
04:30:13 PM Start
04:31:10 PM HB2001
05:44:44 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
HOUSE BILL NO. 2001                                                                                                           
                                                                                                                                
     "An Act  relating to the  production tax on oil  and gas                                                                   
     and to conservation  surcharges on oil;  relating to the                                                                   
     issuance  of advisory  bulletins and  the disclosure  of                                                                   
     certain information  relating to the production  tax and                                                                   
     the  sharing  between agencies  of  certain  information                                                                   
     relating  to the production  tax and to  oil and  gas or                                                                   
     gas  only leases;  amending the  State Personnel  Act to                                                                   
     place in  the exempt service  certain state oil  and gas                                                                   
     auditors and  their immediate supervisors;  establishing                                                                   
     an oil and  gas tax credit fund and  authorizing payment                                                                   
     from  that fund; providing  for retroactive  application                                                                   
     of certain statutory and  regulatory provisions relating                                                                   
     to the  production tax on  oil and gas and  conservation                                                                   
     surcharges  on oil;  making  conforming amendments;  and                                                                   
     providing for an effective date."                                                                                          
                                                                                                                                
Co-Chair Chenault pointed out  the revised fiscal note to the                                                                   
House  Resources Committee  version of  the bill.   (Copy  on                                                                   
File).                                                                                                                          
                                                                                                                                
Representative  Stoltze  MOVED   to  ADOPT  work  draft  #25-                                                                   
GH0014\N,  Finley/Bullock,  11/9/07, as  the  version of  the                                                                   
bill before the committee.  There  being NO OBJECTION, it was                                                                   
adopted.                                                                                                                        
                                                                                                                                
4:32:29 PM                                                                                                                    
                                                                                                                                
Co-Chair Chenault referenced the  "Summary Comparison between                                                                   
Various  House  Approaches  to  Production Tax".    (Copy  on                                                                   
File).                                                                                                                          
                                                                                                                                
DAN  DICKINSON,  CONSULTANT,  LEGISLATIVE  BUDGET  AND  AUDIT                                                                   
COMMITTEE, provided an overview  of the handout.  Those items                                                                   
not  in  current  law  are  shown   in  red;  yellow  is  the                                                                   
governor's  original   proposal;  blue  is  from   the  House                                                                   
Resources Committee version.                                                                                                    
                                                                                                                                
Representative  Gara  asked  about the  white  portion  under                                                                   
current law.   Mr. Dickinson  replied that white  items shown                                                                   
under current law did not show up in a later version.                                                                           
                                                                                                                                
Mr. Dickinson  explained that  the base  rate is 25  percent;                                                                   
the  progressivity  reflects   what  was  in  the  governor's                                                                   
proposal.                                                                                                                       
                                                                                                                                
Under the  Floor issues,  there are  no changes.   Investment                                                                   
credits can  be taken in the year  made.  If there  is a loss                                                                   
that  year,  25  percent  can be  carried  forward.  The  TIE                                                                   
credits  have been  restricted  to investments  made  between                                                                   
2003 and 2006.                                                                                                                  
                                                                                                                                
Representative  Gara asked how  the transitional  TIE credits                                                                   
work.  Mr. Dickinson related that  there was a window created                                                                   
for new entrants.                                                                                                               
                                                                                                                                
4:37:38 PM                                                                                                                    
                                                                                                                                
STEVE PORTER, LEGISLATIVE CONSULTANT,  LEGISLATIVE BUDGET AND                                                                   
AUDIT  COMMITTEE,  further  explained   that  the  producers,                                                                   
producing oil at  the time, took advantage of  the credits in                                                                   
the current year.   The advantage was 10 percent  of whatever                                                                   
was spent that year per capex  - around $200 million dollars.                                                                   
It is the  administration's intent for the  parties that were                                                                   
unable to use the credits they  would have earned, to be able                                                                   
to utilize them in the future.                                                                                                  
                                                                                                                                
Representative   Gara   understood   that  there   was   some                                                                   
additional  benefit for new  explorers.   Mr. Porter  did not                                                                   
know the exact language in the bill.                                                                                            
                                                                                                                                
4:40:14 PM                                                                                                                    
                                                                                                                                
Mr. Dickinson addressed exploration  credits on page 2 of the                                                                   
handout, comparing the 20/40 percent  credit to 30/40 percent                                                                   
credit.   The proposed  bill contains the  same list  of "bad                                                                   
acts" prohibited in both credits.                                                                                               
                                                                                                                                
Approval  by   DNR  is  required   in  this  bill,   and  the                                                                   
confidentiality of  well data remains ten years,  the same as                                                                   
it is  under current  law.   The data  provided by a  seismic                                                                   
explorer  is treated the  same way  as in  current law.   The                                                                   
pre-existing   well  issue  provides   for  two   consecutive                                                                   
drilling seasons.  The DNR TIE credit remains at 5 percent.                                                                     
                                                                                                                                
4:42:51 PM                                                                                                                    
                                                                                                                                
Mr.  Dickinson  addressed  the  State  Purchase  of  Credits.                                                                   
"Appropriations  made by law"  does not include  the creation                                                                   
of an  oil and gas  fund.  The  bill contains the  option for                                                                   
the  purchases to  be  made by  the Alaska  Retirement  Board                                                                   
(ARM).    There  is  a  limit  of  $25  million,  except  for                                                                   
purchases made by ARM.                                                                                                          
                                                                                                                                
Representative Kelly referenced  the 5 percent credit on pre-                                                                   
2003  seismic   work   and  asked  if   it  was   bilaterally                                                                   
permissive.   Mr. Dickinson  thought so.   The Department  of                                                                   
Natural  Resources must  find  that it  in  the state's  best                                                                   
interest to do it.                                                                                                              
                                                                                                                                
4:44:18 PM                                                                                                                    
                                                                                                                                
Mr.  Dickinson  addressed the  Allowable  Lease  Expenditures                                                                   
portion  of the bill  - page  3.  He  clarified how  producer                                                                   
audits  are  done.   Dispute  resolution  was carved  out  to                                                                   
clarify regulations  regarding payment.  The  public outreach                                                                   
costs have been moved down to the bottom of the list.                                                                           
                                                                                                                                
DR&R is not allowed and the corrosion  issue remains the same                                                                   
disallowance of $.30 per barrel.                                                                                                
                                                                                                                                
4:47:09 PM                                                                                                                    
                                                                                                                                
Representative  Gara  asked  about   the  pipeline  corrosion                                                                   
issue.  Mr.  Dickinson responded that SB 80  language had not                                                                   
been  included and  the unscheduled  events disallowance  was                                                                   
removed.                                                                                                                        
                                                                                                                                
Representative  Gara asked  if the proposal  would allow  the                                                                   
write-off of shut down costs and  repairs.  Mr. Dickinson did                                                                   
not know  if they would be  disallowed.  He pointed  out that                                                                   
$.30 per barrel would be disallowed.                                                                                            
                                                                                                                                
Mr.  Porter clarified  that the  $.30  was taken  out at  the                                                                   
House Resources Committee version of the bill.                                                                                  
                                                                                                                                
Representative  Gara asked if  there was additional  language                                                                   
included  for protection  against  pipeline corrosion  costs.                                                                   
Mr.   Dickinson   understood   that  the   phrase   "criminal                                                                   
negligence" was in the "bad acts"  language.  The language in                                                                   
the governor's  proposal  and in  SB 80 was  not included  in                                                                   
this bill.                                                                                                                      
                                                                                                                                
4:49:42 PM                                                                                                                    
                                                                                                                                
Mr. Dickinson addressed  where costs are incurred  and if off                                                                   
lease is allowed.                                                                                                               
                                                                                                                                
Representative Gara asked for  further clarification on lease                                                                   
expenditures and  the baseline.   He asked if  indirect costs                                                                   
were added  as deductions.   Mr. Dickinson explained  that it                                                                   
went back  to the  PPT definition.   The section  was changed                                                                   
but the definition was not changed.                                                                                             
                                                                                                                                
Mr. Dickinson  continued to  explain the information  section                                                                   
of the bill.  He pointed out that  the proposed House Finance                                                                   
box  should have  been white,  rather  than yellow.   On  the                                                                   
forward-looking  information, a  phrase was  inserted to  say                                                                   
that before the  $1,000 a day penalty applies,  the state has                                                                   
to give notice.                                                                                                                 
                                                                                                                                
4:52:17 PM                                                                                                                    
                                                                                                                                
Mr.   Dickinson  reported   that   the   disclosure  of   tax                                                                   
information restores part of what  is in current law.  In the                                                                   
governor's  proposal   the  rule   that  the  data   must  be                                                                   
aggregated  to  prevent  the   identification  of  particular                                                                   
returns  was removed.   It  places this  language back  under                                                                   
current  statute.   All  other sections  remain  the same  as                                                                   
prior versions of the bill.                                                                                                     
                                                                                                                                
Mr. Dickinson  addressed page 4, the Statute  of Limitations,                                                                   
which is four years  in this bill and was changed  from prior                                                                   
versions.   Auditors from the  Department of Revenue  and the                                                                   
Department  of  Natural Resources  remain  exempt  employees.                                                                   
The effective  date is January  1, 2008.   There is  only one                                                                   
retroactive   policy    which   refers   to    not-for-profit                                                                   
corporations selling credits.                                                                                                   
                                                                                                                                
Mr.  Dickinson related  that Downstream  Costs  has the  same                                                                   
language  as current law.   Language  regarding Gas  Ceilings                                                                   
thru 2022 was adopted  from the HRC version.   The section on                                                                   
Additional  Penalties maintained  the same  language used  in                                                                   
the HRC version,  however, when it applies to  estimates, the                                                                   
taxpayer pays  less than  90 percent of  what is due  in that                                                                   
period.                                                                                                                         
                                                                                                                                
4:56:13 PM                                                                                                                    
                                                                                                                                
Mr.  Dickinson discussed  page 5,  the Intent  Language.   He                                                                   
pointed out that  the piece that clarifies the  long standing                                                                   
way of  dealing with revisions  by regulatory  bodies remains                                                                   
in  the bill.   Monthly  estimated  payments  are subject  to                                                                   
monthly ceilings,  as found in the governor's  version of the                                                                   
bill.                                                                                                                           
                                                                                                                                
4:57:59 PM                                                                                                                    
                                                                                                                                
Representative  Gara  requested   an  EconOne  revenue  chart                                                                   
comparison.   Co-Chair Chenault said  he would attempt  to do                                                                   
so.                                                                                                                             
                                                                                                                                
Representative  Gara asked  about the  $60 dollar per  barrel                                                                   
price  comparison.   Mr. Dickinson  thought it  would be  the                                                                   
same as the governor's proposal.                                                                                                
                                                                                                                                
Representative Gara  inquired if, at $80 dollars  per barrel,                                                                   
this bill would  raise $1 billion less than  the HRC version.                                                                   
Mr. Dickinson said yes.                                                                                                         
                                                                                                                                
Representative   Gara  asked  about   the  deletion   of  the                                                                   
retroactivity provision  and the fiscal impact of  that.  Mr.                                                                   
Dickinson did not  know.  He suggested asking  the Department                                                                   
of Revenue.                                                                                                                     
                                                                                                                                
Representative Gara mentioned  the downstream costs listed on                                                                   
page 4.   He  asked for  more information  regarding the  new                                                                   
proposal.   Mr.  Dickinson replied  that the  language is  in                                                                   
existing statute  and states that  for the downstream  tanker                                                                   
and pipelines,  reasonable  cost is actual  cost except  when                                                                   
certain  conditions are  met, such  as when  there is a  more                                                                   
reasonable way of getting the oil to market.                                                                                    
                                                                                                                                
Representative Gara  asked, if actual costs  were much higher                                                                   
than  fair  costs,  what the  independent  shipper  would  be                                                                   
charged,  and how  taxes  would be  figured.   Mr.  Dickinson                                                                   
thought  that the independent  shipper  would be charged  the                                                                   
actual  cost.     He  explained  the  method   used  for  the                                                                   
calculating TAPS tariffs.                                                                                                       
                                                                                                                                
Representative  Gara  asked about  the  issue  of net  profit                                                                   
share leases.   Mr. Dickinson  pointed out costs  disallowed,                                                                   
including net  profit shares.  Representative  Gara asked how                                                                   
that compared  to current law.   Mr. Dickinson replied  it is                                                                   
current law.                                                                                                                    
                                                                                                                                
5:04:18 PM                                                                                                                    
                                                                                                                                
PAT  GALVIN,   COMMISSIONER,  DEPARTMENT  OF   REVENUE,  made                                                                   
comments  on the  bill  as proposed  by  the  committee.   He                                                                   
referenced  the summary  comparison handout.   He  summarized                                                                   
the fiscal  issue.   The ACES proposal  included a  gross tax                                                                   
floor as well as  a 25 percent base rate and  the .2 slope on                                                                   
progressivity.   He maintained  that the  floor needed  to be                                                                   
included  to  protect  the  state  at the  low  end,  or  the                                                                   
progressivity needed to be increased.                                                                                           
                                                                                                                                
Commissioner  Galvin  emphasized  that  the TIE  credits,  as                                                                   
proposed,  remain  problematic.    He  recommended  that  TIE                                                                   
credits be frozen  until there is production.   The explorers                                                                   
need to be able to take advantage  of the credits, as well as                                                                   
the producers.                                                                                                                  
                                                                                                                                
Commissioner  Galvin addressed  exploration credits  and well                                                                   
data.    The intent  is  to  recognize  that when  the  state                                                                   
contributes a  substantial amount  of the upfront  costs, the                                                                   
data acquired  should be available  to the state and  be made                                                                   
public in a reasonable period of time.                                                                                          
                                                                                                                                
Commissioner Galvin discussed  a fair approach to the state's                                                                   
purchase  of  transferable  credits.    The  easiest  way  to                                                                   
provide  full value  to the  explorers  is for  the state  to                                                                   
provide  cash  payments.    The  approach  suggested  in  the                                                                   
proposed  bill   would  require  additional   legislation  to                                                                   
authorize the  ARM Board  to make the  purchases.   Given the                                                                   
intent to provide full value,  the explorer should be able to                                                                   
get the state to pay 100 percent.                                                                                               
                                                                                                                                
5:09:30 PM                                                                                                                    
                                                                                                                                
Representative  Gara asked  about the  data from lease  lands                                                                   
and  private  lands.   He  understood  that the  state  wants                                                                   
seismic  data to help  it lease  out neighboring  lands.   He                                                                   
requested more  information about private land  credit money.                                                                   
Commissioner Galvin  responded that the state  is getting the                                                                   
credit  money  and will  receive  the  data, which  would  be                                                                   
useful to  provide insight  into actual seismic  information.                                                                   
He  summarized that  the issue  is if  the state  pays for  a                                                                   
portion of the costs, then the  data should be made available                                                                   
to the state.                                                                                                                   
                                                                                                                                
Representative  Gara asked for  further clarification  of the                                                                   
benefit of  the data.   Commissioner  Galvin stated  that the                                                                   
information would  "fill in the picture" like  missing pieces                                                                   
of a puzzle.                                                                                                                    
                                                                                                                                
5:13:11 PM                                                                                                                    
                                                                                                                                
Commissioner  Galvin   referenced  page  3  of   the  handout                                                                   
regarding  the  "bad acts"  and  the  corrosion issues.    He                                                                   
proposed  that within  ACES, the intent  addresses the  costs                                                                   
associated  with unscheduled maintenance,  not just  criminal                                                                   
negligence.                                                                                                                     
                                                                                                                                
Co-Chair  Chenault provided  an example  of best  maintenance                                                                   
practices.   He understood that  any cost incurred  during an                                                                   
unscheduled event  would be disallowed.   Commissioner Galvin                                                                   
replied that  was not correct.   Any  act of God,  not within                                                                   
the  reasonable course  of  operation,  would be  deductible.                                                                   
Co-Chair   Chenault  countered   and   maintenance  that   an                                                                   
unscheduled maintenance operating cost would be denied.                                                                         
                                                                                                                                
Commissioner  Galvin agreed,  however,  he thought  it was  a                                                                   
more objective  standard  and had significant  overlap.   Co-                                                                   
Chair Chenault  acknowledged that  the intent was  to address                                                                   
both  sides of  the coin  and  the effect  on the  day-to-day                                                                   
operations.     He   noted  that   he   would  approach   the                                                                   
administration with compromise language.                                                                                        
                                                                                                                                
5:18:09 PM                                                                                                                    
                                                                                                                                
Representative Hawker  asked if the regulations  to implement                                                                   
this statute  were complete.   Commissioner Galvin  suggested                                                                   
another  director  answer  that   question.    Representative                                                                   
Hawker  spoke   to  "willful  misconduct".     Writing  of  a                                                                   
regulation  contains tremendous  broad power.   He wanted  to                                                                   
see  the  regulations  written  and  implemented  before  any                                                                   
changes were made in statute.   Commissioner Galvin responded                                                                   
that regulations  must be written to represent  the intent of                                                                   
the legislature.   The issue is whether  "willful misconduct"                                                                   
was  intended  to  represent   improper  maintenance  or  not                                                                   
meeting  an  industry  standard  of care  as  it  applies  to                                                                   
maintaining  a  pipeline.    If  it  is  the  intent  of  the                                                                   
legislature to  write language that  broad, it would  be more                                                                   
defensible.                                                                                                                     
                                                                                                                                
5:21:08 PM                                                                                                                    
                                                                                                                                
Commissioner Galvin addressed  page 3 regarding the allowable                                                                   
lease  expenditures.   He related  that ACES  was written  to                                                                   
require the  definition of what  costs are to be  included or                                                                   
excluded from  the lease expenditure definition.   Within the                                                                   
current language  of the  statute and  in the proposed  bill,                                                                   
lease   expenditures   include    all   ordinary,   necessary                                                                   
expenditures  unless defined  out.   He  encouraged that  the                                                                   
language be returned to that of the original ACES bill.                                                                         
                                                                                                                                
Commissioner  Galvin addressed  the section  that deals  with                                                                   
disclosure of  taxpayer information.   He commented  that the                                                                   
current language is "extremely"  dangerous.  He worried about                                                                   
backing out the  data and the risk of exposure.   In order to                                                                   
reveal taxpayer  information, a safe harbor is  necessary, as                                                                   
provided for in the original ACES  language.  He did not want                                                                   
to see that rule violated.                                                                                                      
                                                                                                                                
5:24:59 PM                                                                                                                    
                                                                                                                                
Representative  Gara asked which  language the reference  was                                                                   
toward.       Commissioner   Galvin   referenced    page   3.                                                                   
Representative  Gara understood  that the  state wanted  more                                                                   
information.    Commissioner Galvin  replied  that  it was  a                                                                   
matter   of  revealing   enough   information  for   taxpayer                                                                   
information  such as  gross income,  costs deducted,  credits                                                                   
received, and applied tax rate.   He listed information which                                                                   
is "black boxed" in the proposed  bill.  In order for the tax                                                                   
system  to   represent  to  the   public  what   is  actually                                                                   
happening,  there must  be enough  data to  indicate how  the                                                                   
costs  are  falling  out.   The  original  language  of  ACES                                                                   
provides for the disclosure needed.                                                                                             
                                                                                                                                
5:27:49 PM                                                                                                                    
                                                                                                                                
Commissioner Galvin directed comments  to topics on page 4 of                                                                   
the  handout,   statute  of  limitations  and   audits.    He                                                                   
recognized  that  a more  complex  and demanding  tax  system                                                                   
requires more time  for auditing.  He guaranteed  that audits                                                                   
would  require  more  than  three years.    The  question  is                                                                   
whether or not  a deadline will be established  and the state                                                                   
forced into a formal claim before  the statute of limitations                                                                   
expires.  He  pointed out that the federal  standard is seven                                                                   
years and he is requesting six.                                                                                                 
                                                                                                                                
5:31:39 PM                                                                                                                    
                                                                                                                                
Commissioner  Galvin  spoke  to  the  effective  date.    The                                                                   
governor    supports    a   retroactive    effective    date.                                                                   
Transitional provisions would  allow an orderly movement into                                                                   
the system  and to  ensure that  taxpayers are held  harmless                                                                   
from any penalties or interest that would normally accrue.                                                                      
                                                                                                                                
Representative  Gara  requested  an estimate  of  the  fiscal                                                                   
impact  of   the  deletion  of  the  retroactive   provision.                                                                   
Commissioner Galvin  stated he would provide  the information                                                                   
at a later date.                                                                                                                
                                                                                                                                
5:33:22 PM                                                                                                                    
                                                                                                                                
Commissioner Galvin discussed  reasonable transportation cost                                                                   
deduction.  The  department should have the  authority to set                                                                   
the rate.   He  reported that  he supports  the in-state  gas                                                                   
intent  language to  ensure clarity  that the  purpose is  to                                                                   
provide low cost  energy opportunities within  the state, not                                                                   
to provide subsidies.                                                                                                           
                                                                                                                                
In   response  to   a   question  by   Representative   Gara,                                                                   
Commissioner  Galvin   explained  that  any   production  tax                                                                   
decrease is  enjoyed by the  consumer.  A regulatory  process                                                                   
addresses  that.     The  inference  is  not   that  the  gas                                                                   
development  requires a  subsidy, but  to provide lower  cost                                                                   
fuel for in-state use.                                                                                                          
                                                                                                                                
5:36:47 PM                                                                                                                    
                                                                                                                                
In response  to a  question by  Co-Chair Meyer,  Commissioner                                                                   
Galvin  explained the  intent of  the language  is to  ensure                                                                   
that an  entity that does  not have to  pay a production  tax                                                                   
cannot  acquire the  credits.   If an entity  is exempt  from                                                                   
paying the  production tax  they should  also be exempt  from                                                                   
receiving credits.   Commissioner  Galvin further  added that                                                                   
the intention  is to provide equity;  if a company  is paying                                                                   
the production tax, they should get the credit.                                                                                 
                                                                                                                                
5:39:59 PM                                                                                                                    
                                                                                                                                
In   response  to   a  question   by  Representative   Kelly,                                                                   
Commissioner Galvin  noted that  small producers are  not tax                                                                   
exempt.  They do get a credit.                                                                                                  
                                                                                                                                
Representative  Gara questioned  if  Anchorage utility  rates                                                                   
will  be  raised.   He  noted  that rural  Alaska  still  has                                                                   
concerns regarding  energy cost  reduction.  He  thought that                                                                   
ML&P was entitled  to credits which are passed  on to current                                                                   
rate  payers,  and the  current  bill removes  those  credits                                                                   
because  they   produce  less  than  $12  million   worth  of                                                                   
petroleum product a year.                                                                                                       
                                                                                                                                
Commissioner  Galvin understood  that  the  entity is  exempt                                                                   
because they  are a subdivision of  the state.  The  issue in                                                                   
regard to the small producer credit  is not relevant since it                                                                   
applies to  entities that are subject  to the tax.   They owe                                                                   
the tax,  but are also credited,  which results in zero.   An                                                                   
entity that  is legally  not required to  pay the  tax should                                                                   
not be  eligible for the  credit.  Commissioner  Galvin could                                                                   
not discuss information on specific taxpayers.                                                                                  
                                                                                                                                
5:44:44 PM                                                                                                                    
                                                                                                                                

Document Name Date/Time Subjects